Mitrage v. Bankers Life & Casualty Co.

Review here is of a judgment of no cause of action entered hy the trial court at the conclusion of plaintiff’s proofs in an action upon a medical-hospital insurance policy. A jury had been demanded by plaintiff but waived at the opening of the trial.

The case involves an interpretation of the “dead man’s statute” so-called.1

It is the claim of plaintiff-administratrix that defendant’s agent made various oral representations to her deceased husband concerning cash benefits payable directly to him in the amount of medical and hospital expenses actually incurred, irrespective of other medical…